Old Land Deeds: The Importance of Land Deed Research



Posted: Monday, August 11, 2008

by
The Celtic Giraffe

What is the importance of old land deeds in family history research?

Before 1850, 9 out of 10 adult males owned land. This was an important aspect of life. Land records have always been very well maintained in America from 1600 on, and many times will list people not appearing on census data. There is a Grantor/Grantee Index or Index to Real-Estate Conveyances in every county in the United States . Most index systems are not this comprehensive! Even after courthouses burned down, as most seemed to, the first records reconstructed were usually land records.

In land record research, it is first important to understand the difference between a deed and a grant or patent. A grant is the transfer of a piece of property from some governmental organization to an individual. It is the first action that occurs and the first evidence found in researching land records. A land deed is the transfer of land from one person, or entity to another. It occurs after the original grant.

What can you find in old land deeds that may help you in your research?

At first you may look at a land record and only see names, but no important information like birth dates, death dates, marriage dates or children. This may discourage you from using land records in family history research. But evidence of where your ancestors lived, moved and whom they knew can be gleamed from deeds. It is said there is a 90% chance you can find an ancestral land record. Land records are solid proof of where your ancestor lived at a certain time, provided you have an idea of what county they may have lived in. Many times a wife's name is mentioned on the land records due to her legal dower rights, which automatically gave her 1/3 of the land after her husband's death. Her name had to be documented on the record for legal reasons. Land records go farther back in history than any other type of record, and so are more comprehensive. Deeds, deed indexes, hand written records and property tax records all are part of land record research. They are all related to the deed research. After 1900, a deed will even give you the exact address of a property!

The deed books containing records of property transfers by county can usually be found at the Registrar of Deeds office at the county courthouse. In several New England states such as Connecticut , Rhode Island and Vermont , they may be located at the town clerks office. In Louisiana , the Parish keeps records of deeds. In Alaska , they are at the district level. There are a variety of records that may be found in deed books. They are Deed of Sale, Deed of Gift, Strawman Sale, Lease & Release, Mortgage Sale and Estate Settlement. Take a little time to learn what these records are and your research will be vastly improved.

Don't be shy about going to the courthouse and doing old land deed research. Any new type of "hands-on" research is frightening at first. After the first few times you will be comfortable. Usually there are employees and other researchers there eager to help and show off what they know. They were beginners at one time also.

The Author, Mark Jordan is a writer and researcher for Family History Research

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